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Contract – Breach of contract – Summary judgment – Registration of judgment mortgage – Order for execution – Setting aside of judgment – Existence of real issues – Delay

Posted 17/10/2016

Contract – Breach of contract – Summary judgment – Registration of judgment mortgage – Order for execution – Setting aside of judgment – Existence of real issues – Delay  

Facts: Following the grant of summary judgment to the plaintiff by the Court in default of appearance of the defendant and issuance of an order for execution by the plaintiff, the defendant filed an application for setting aside that order of summary judgment on the basis that he had real and substantive defence against the plaintiff. The plaintiff contended that there had been considerable delay by the defendant in making the present application. 
Held: Ms. Justice Baker refused to grant the desired relief to the defendant. The Court held that it had jurisdiction to set aside its judgment to avoid injustice to the opposite party only if the defendant would show to the satisfaction of the Court that the defendant had a real defence. The Court found that in the present case, mere averments by the defendant that the machinery supplied to him by the plaintiff had not functioned properly in the absence of any engineering evidence would not be sufficient to cause the Court to set aside its judgment. The Court found that there had been significant delay in filing the present application by the defendant since more than two years had lapsed since the summary judgment was obtained by the plaintiff and the defendant did not take any concrete steps to remedy the loss caused to him. The Court, however, held that the defendant would not be precluded to bring an appropriate application for a stay on any further execution of the judgment by the plaintiff or in the alternative could file a counter-claim. 

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We provide a personal service in a convenient location.  Solving problems is not always easy as people and institutions are not always rational.  Therefore, we often have to fight our client's causes when compromise cannot be reached.   We act in cases in the District Court up to the Supreme Court and we have successfully secured millions of euros for our clients. 

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